A/67/396
(iii) Where fairness requires disclosure of the identity of the designating
State, the Office of the Independent Designations Adjudicator/
Ombudsperson should be authorized to disclose this information to the
petitioner without the need for the designating State’s consent;
(iv) The mandate should make express provision requiring the disclosure
of exculpatory information to the petitioner as envisaged in paragraph 45
above;
(v) Where the Office of the Independent Designations Adjudicator/
Ombudsperson considers that there is a plausible basis for believing that
information may have been obtained through torture, and the designating
State is unable to establish that it was not so obtained, the information
should be excluded;
(vi) The Security Council should make provision for funding the legal
representation of indigent petitioners, and for adequate interpretation and
translation facilities;
(vii) The Security Council should reconsider the introduction of a “sunset
clause” imposing a time limit on the duration of all designations;
(c)
If the recommendation in paragraph 59 (a) is not adopted:
(i) The Ombudsperson should be mandated to disclose the
recommendation in her comprehensive report to the petitioner when the
report is submitted to the Committee;
(ii) The Committee should be required to give reasons, in all cases that
are as full as possible and address the issues raised by the petitioner;
(iii) Subject to any necessary redactions on security grounds, both the
comprehensive report of the Ombudsperson and the reasons given by the
Committee should be made public.
12-52254
23
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